Fumo, computer techs won't get separate trials

A federal judge has refused to order separate trials for State Sen. Vincent J. Fumo and the two former Senate computer technicians charged with trying to obstruct the FBI investigation of Fumo.

The two technicians, Mark C. Eister and Leonard P. Luchko, had asked for separate trials, contending that they face less extensive charges than the senator, who is accused of using his office and a charity for personal and political benefit.

But U.S. District Judge William H. Yohn Jr. concluded that the charges against Luchko and Eister were "sufficiently related" to the charges against Fumo and a fourth codefendant, Ruth Arnao, to have all four defendants stand trial together.

"Given the varied and discrete roles the different defendants are alleged to have played and the distinct and easily understandable nature of the offenses charged, a jury will be able to compartmentalize the evidence against the separate defendants," Yohn wrote in an opinion filed yesterday.

Luchko and Eister were indicted in July 2006 on charges of conspiracy and obstruction of justice. They are accused of destroying e-mail related to the investigation of Fumo and the South Philadelphia charity that he backed, Citizens' Alliance for Better Neighborhoods.

Defense attorney Brian J. McMonagle, who represents Eister, contended that Eister should be tried alone to avoid having to sit in court for months while the jury hears mostly about Fumo. "The spillover effect from such voluminous evidence can never be cured by jury instructions," he wrote in a motion.

Fumo, a Philadelphia Democrat, was indicted last February on 139 counts of fraud, obstruction of justice, and other charges.

Fumo also wanted separate trials - four, in fact.

He contended that the four categories of charges against him - fraud on the state Senate, fraud on the charity, fraud on the Independence Seaport Museum, and obstruction of justice - were improperly put in one indictment. He asserted that four separate trials should be held.

Yohn refused.

The trial is scheduled to begin in September and is expected to last three to four months.